Courts & Litigation

Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.

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2,854 Articles
Ibadoghlu stands in a room with media members, white bookshelves sit in the background.

Azerbaijan’s Aliyev Extends Arbitrary Detentions Even as He Prepares to Host Global Climate Conference COP29

Gubad Ibadoghlu's case represents a trend of falsely imprisoning human rights defenders that casts a shadow on a premier annual gathering.
A sign with a dark blue background and white letters that reads "International Criminal Court" is seen with the building in the background.

The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent

The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.
The Peace Palace is seen with a blue sky behind it and a green lawn in front.

A Synopsis of ICJ Finding Israel’s Occupation of Palestinian Territory in Violation of International Law

Israel must end its occupation of Palestinian territory, the International Court of Justice said in an advisory opinion.
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The Just Security Podcast: An Innovative Lawsuit Links Social Media Companies to Mass Shootings

Paul Barrett discusses the novel case and its potential impact on legal efforts to hold social media companies liable for mass shootings.

Robert Menendez Guilty: The Significance of the First ‘Foreign Agent’ Conviction of a U.S. Senator

Senator Robert Menendez (D-NJ) racked up 16 felony convictions on Tuesday, delivering a fatal blow to his three-decade long career in the U.S. Congress. Menendez signaled that…
Members of the House (Select) Intelligence Committee listen during a hearing at the Cannon Office Building on March 12, 2024 in Washington, DC. Leaders from the U.S. intelligence community are participating in hearings with both the Senate and House intelligence committees to lay out their perceived global threats to the United States.

Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?

"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…

Sweeping ICC Sanctions Bill Would Harm Victims, U.S. Interests

After months of warnings, the International Criminal Court (ICC) prosecutor announced on May 20 that he was seeking arrest warrants against top Israeli officials and Hamas commanders…
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power

Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.
The Alto Lee Adams Sr. United States Courthouse is shown. It is while building with palm trees in front and a blue sky in the background.

Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?

Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.

We Charge Genocide: Redux

What we can name and render cognizable and what we must un-remember and forcefully forget is deeply connected to the numerous atrocities embedded in the international order.
Smartphones show speech bubbles in different colors like white, red, blue, and yellow against a purple background.

The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.

The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.
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